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PEOPLE v. ELWORTHY

No. 1-88-2133.

574 N.E.2d 727 (1991)

214 Ill. App.3d 914

158 Ill.Dec. 614

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark C. ELWORTHY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

May 31, 1991.

Attorney(s) appearing for the Case

Terry Sullivan, Ltd., Rolling Meadows (Nancy J. Nicol, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, James Fitzgerald, Asst. State's Attys., of counsel), for plaintiff-appellee.

Presiding Justice LORENZ delivered the opinion of the court:

Defendant, Mark C. Elworthy, appeals from his convictions for possession of cannabis and possession of cocaine with intent to deliver. (Ill.Rev.Stat.1987, ch. 56½, pars. 704(d), 1402(a)(2).) We consider: (1) whether the denial of defendant's jury waiver was unconstitutional; (2) whether the denial of defendant's motion to quash the search warrant was against the manifest weight of the evidence; (3)...

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